25 Aug 2017
NGATI TE ATA v THE MINISTER FOR TREATY OF WAITANGI NEGOTIATIONS [2017] NZHC 2058
- Citation
- [2017] NZHC 2058
- Court
- High Court
The Minister's decision was justiciable; s120 is a statutory duty/notice mechanism that, when its condition is met (land required for an individual Treaty settlement), removes land from the RFR regime by operation of the Act; no separate statutory 'power' to remove was required and the Minister's decision to require the early transfer properties for Ngāti Tamaoho's settlement was not unreasonable or made in bad faith, so the judicial review application is dismissed.